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38-1346. Taking testimony in another state.

38-1346

Chapter 38.--MINORS
Article 13.--CHILD CUSTODY JURISDICTION

      38-1346.   Taking testimony in another state.(UCCJEA 111). (a) In addition to other proceduresavailable to a party, a party to a child-custody proceeding may offer testimonyof witnesses who are located in another state, including testimony of theparties and the child, by deposition or other means allowable in this state fortestimony taken in another state. The court on its own motion may order thatthe testimony of a person be taken in another state and may prescribe themanner in which and the terms upon which the testimony is taken.

      (b)   A court of this state may permit an individual residing in anotherstate to be deposed or to testify by telephone, audiovisual means, or otherelectronic means before a designated court or at another location in thatstate. A court of this state shall cooperate with courts of other states indesignating an appropriate location for the deposition or testimony.

      (c)   Documentary evidence transmitted from another state to a court of thisstate by technological means that do not produce an original writing may not beexcluded from evidence on an objection based on the means of transmission.

      History:   L. 2000, ch. 171, § 41; July 1.

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